M. Rajaram, v. The Bar Council Of Tamil

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11.8.2015

CORAM

THE HONBLE MR.JUSTICE V.RAMASUBRAMANIAN and THE HON'BLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.24757 of 2015 M.Rajaram ..

Petitioner Vs.

The Bar Council of Tamil Nadu and Puducherry through its Secretary High Court Campus Chennai 104.

..

Respondent ----- Petition under Article 226 of the Constitution of India praying for a writ of Mandamus directing the respondent to admit the petitioner for enrolment as an Advocate and enter his name in the rolls of the Bar Council of Tamil Nadu and Puducherry. ----- For Petitioner : Mr.R.Vasudevan For Respondent : Mr.S.Y.Masood -----

O R D E R

(Made by V.Ramasubramanian,J) The petitioner, whose application for enrolment as an Advocate was not entertained by the Bar Council on account of the pendency of criminal case, has come up with the above writ petition.

2. Heard Mr.R.Vasudevan, learned counsel for the petitioner and Mr.S.Y.Masood, learned counsel for the respondent.

3. Admittedly, there was a criminal complaint pending in Crime No.422 of 2011 on the file of Serndamaram Police Station, against the petitioner. On 23.6.2015, the said case was closed as "mistake of fact" by the file of Judicial Magistrate, Tenkasi. However, the petitioner has not disclosed the pendency of the criminal case in his application form for enrolment. Therefore, the application of the petitioner was not entertained by the Bar Council. https://hcservices.ecourts.gov.in/hcservices/

4. Contending that no criminal case is pending against him and therefore, there is no bar for entertaining his application for enrolment, the petitioner has come up with the above writ petition.

5. Admittedly, no complaint is actually pending against the petitioner as on today. Hence, there is no impediment for the admission of the petitioner for enrolment. Therefore, the writ petition is allowed directing the respondent to process the application of the petitioner in accordance with law and admit him for enrolment if all other qualifications are satisfied and certificates are in order. There shall be no order as to costs. Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar kpl To The Secretary The Bar Council of Tamil Nadu and Puducherry High Court Campus, Chennai 104.

+1 cc to Mr.S.Y.Massod, Advocate sr.42141 W.P.No.24757 of 2015 pvr(co) aa25/08/2015 https://hcservices.ecourts.gov.in/hcservices/